In your initial interaction with law enforcement during the traffic stop, you may be asked to complete a series of tests to assess whether you are intoxicated.

Essentially, these tests involve divided attention tests requiring you to complete multiple tasks at the same time. Attempt to evaluate your ability to process information, focus, engage in decision-making, control muscles and also use short-term memory.

There are the standardized Field Sobriety Tests (SFTs), which are the most commonly used ones by law enforcement and comprise of three tests:

• Horizontal Gaze Nystagmus (HGN): HGN is one of the more complicated Field Sobriety Tests. During this test, the officer moves a stimulus, usually a pen, back and forth right in front of your eyes, and you are required to follow that stimulus with your eyes only. As you do, the officer tries to look for involuntary jerking of the eyes, which could be a sign of impairment by certain drugs and alcohol.

• One Leg Stand (OLS): The police will ask you to stand on one leg and attempt to maintain balance for up to 30 seconds. Like other FSTs, the OLS test also begins with an instruction phase. The officer will instruct you to stand straight, with your feet together and arms by your side. Then, you will be asked to stand on the leg of your choice and raise the other foot. It is important to follow the instructions keenly and only move when you are asked to.

• Walk And Turn (WAT): The third standardized test is the Walk And Turn. It is among the most common FSTs administered by the police. During the test, you are required to walk in a straight line. The list of instructions for this test may be extensive and includes placing your right heel against the left toe. During the tests, officers look for mistakes such as starting too soon, loss of balance, stepping off the line and taking the wrong number of steps.

Something important to note is that Field Sobriety Tests are not compulsory. You can decline to take them. However, the Blood Alcohol Content (BAC), which is conducted back at the station, is mandatory because North Carolina is an Implied Consent State.

Factors That Can Affect Your Field Sobriety Test Performance

If you already took the Field Sobriety Tests, all is not lost, even if you performed dismally. Some external factors can affect your Field Sobriety Test performance and your criminal defense lawyer can highlight these.

These factors include:

• Age: Age plays a significant role in your ability to complete the FSTs successfully. If you’re above the age of 65 years, you may have substantial age-related physical limitations that would make completing these tasks satisfactorily challenging.
• Footwear: Performing balancing acts in high heels, slippery shoes, and flip-flops will be more challenging than completing the same tasks in more sturdy footwear. Presenting your shoes in court can demonstrate how this contributed to you failing the roadside tests.
• Medical Conditions: In the case of the HGN tests, some medical conditions like Vertigo can cause your pupils to jerk involuntarily. Other issues like severe colds and head trauma can also impair coordination and balance.
• Nervousness: Just getting the jitters from being stopped by the police could impact your cognitive and physical abilities. Anxiety is a common reaction even when you haven’t done anything wrong and plays a crucial role in your performance.

Your life shouldn’t be defined by one mistake. Let our skilled lawyer fight for your freedom.

Are you concerned that your performance in Field Sobriety Tests incriminated you even further? The Emory Law Firm has the best criminal lawyer near me in Charlotte, NC to help you argue the outcome of the tests and the entire DUI stop altogether. 

With our experience and skill in DUI cases, we will not only help you understand your legal rights and options but also represent you in court. We will gather evidence to counter the prosecution and get you the best possible outcome. Get started today by reaching out to us at (704) 324-8500. We will get you started with a free assessment of your case to help you make informed legal decisions.